4A
MONDAY, OCTOBER 14, 2019
The Observer
OUR VIEW
An idea
for public
records
State Sen. Mark Hass, D-Beaverton, a candidate
for Secretary of State, said recently that he will
make improving access to public records his first
policy priority if he’s elected in 2020. That may not
be surprising — Hass is, after all, a former television
news broadcaster — but surprising or not, his is a
good idea.
Hass’ first target would be the relatively new
Public Records Advisory Council, which, he says, is
overburdened with representatives from govern-
ment. He’s got a point. Of the 12 members on the
council, fully eight either work for government or are
members of the Oregon Legislature.
Hass would cut the number of government repre-
sentatives in half, increase the current three slots for
journalists by one, add two members from nonprofits
that use public records and add a second member of
the public.
The change would mean that journalists and the
public agencies from which they seek records would
be represented equally on the board, surely a more
balanced mix than the current one that gives public
agency members an absolute majority on the council.
It also would mean that either of those groups would
have to persuade three of the four remaining mem-
bers when journalists and government representa-
tives were evenly split on an issue. That, too, is a
good idea. It would force both press and government
representatives to think more about the people of
Oregon and what serves them best.
Hass also agrees with Ginger McCall, the state’s
first Public Records Advocate who left Oct. 11, that
the advocate should be appointed by the council
rather than by an elected official. That, too, is a good
idea. It was McCall’s disagreement with Gov. Kate
Brown’s staff over the advocate’s independence
that led her to resign. Without independence, the
advocate runs the risk of being seen as a partisan
member of the governor’s camp, no matter who is
governor at the time.
The Public Records Advisory Council and its
leader, the Public Records Advocate, have important
work to do in Oregon. Hass’ changes would lend
credibility to that work.
CONTACT YOUR PUBLIC OFFICIALS
Union County Commissioners: Donna Beverage, Matt
Scarfo and Paul Anderes; 1106 K Ave., La Grande, OR 97850;
541-963-1001; fax 541-963-1079.
Wallowa County Commissioners: John Hillock, Todd
Nash and Susan Roberts; 101 S. River St., Room 202,
Enterprise, OR 97828; 541-426-4543, ext. 11; fax 541-426-
0582.
City of La Grande: Mayor Steve Clements, City Manager
Robert Strope; P.O. Box 670, La Grande, OR 97850; 541-962-
1309; fax 541-963-3333.
City of Cove: Mayor Del Little, (503)-508-6727 504 Alder
Street P.O. Box 8 Cove, OR 97824 City Manager Donna
Lewis, (541) 568-4566.
MY VOICE
Hammonds were guilty of arson
Y
our recent editorial about the Ham-
monds starts with the inaccurate
notion that it’s the Hammonds versus
the environmentalists, and then you
disregard the facts of the case. Instead
of helping to calm passions, you throw
fuel on the fire. And you aim your guns
at the wrong culprits.
The Hammonds were convicted of
arson, not field burning. They intention-
ally and illegally started fires on public
land during a dangerous time of year.
You ask, “Why they were charged with
an anti-terrorist statute with a manda-
tory minimum sentence of five years”?
Simple answer: What they did fits that
law exactly. It’s a law against arson
on federal property. It was touted as
anti-terrorist, but it’s primarily a law
against arson.
The fires they intentionally started
endangered the lives of nearby firefight-
ers who were already fighting wildfires
in the vicinity, and they endangered one
of their own family, a youngster they
enlisted to help start the fires, when the
fires he started got out of control.
This had nothing to do with en-
vironmentalists. The trial took two
weeks, if I’m not mistaken. The trial
took place not in liberal Portland, not
in environmentalist friendly Eugene;
the trial took place in Pendleton, with
jurors who are sensitive to farmers and
forest issues. Twelve jurors believed the
Hammonds’ defenses were not credible
and that they were guilty of arson. Not
terrorism. Arson.
When your editorial blames environ-
mentalists, you insult the efforts and
intelligence of the 12 Eastern Orego-
nians who sat on that jury. And your
snide comment that the second judge
“dutifully sentenced them to the full
five years” shows complete ignorance
and disrespect for our judicial system.
The sentence passed by the first judge
About the author
Write to us
Martin J. Birnbaum,
83, served as the
Union County District
Attorney. He is now
retired and lives in La
Grande.
My Voice columns should be
500 words. Submissions should
include a portrait-type photograph
of the author. Authors also
should include their full name,
age, occupation and relevant
organizational memberships.
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elsewhere. Send columns to La
Grande Observer, 1406 5th St., La
Grande 97850, fax them to 541-
963-7804 or email them to news@
lagrandeobserver.com.
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was illegal.
The law performed as intended: to
punish arson, not to curb terrorism.
Moreover, the mandatory minimum
sentence laws that require a five-
year sentence for arson were in place
because those in my own Republican
Party believe that the courts were too
lenient with criminals, that judges were
too “soft on crime,” so they took away
the authority from judges to take cir-
cumstances into consideration. Guilty
of arson? Bingo. Five years in the pen.
No ifs, ands or buts. Judge wants to
be more lenient? No can do. That’s
a violation of the law. It wasn’t the
environmentalists who appealed the
first sentence. It was the prosecutors.
I’m willing to bet the Hammonds were
among those who supported manda-
tory minimum sentences until it turned
around and bit them.
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A division of
Then you claim it’s the fault of sev-
eral “environmentalist” groups that a
judge limited grazing on the allotments.
Did you ever consider that “the cows,
which have grazed there for years and
years, are (in fact actually) damaging
the environment”? Is the judge also a
rabid environmentalist? Or was there
sufficient evidence in front of him, just
as there was proof beyond a reasonable
doubt that the Hammonds were guilty
of arson?
You say “the Hammonds were unnec-
essarily dragged into prison”? You say
“we can all be assured that what’s legal
and what’s just are two very different
things”?
What would you propose, a medal
to the Hammonds for endangering the
lives of the firefighters who were trying
to do their job? And by the way, is it
just, is it fair to all the other ranchers
and farmers who abide by the rules to
let the Hammonds be scofflaws without
any accountability, any consequences
for illegal behavior?
You want to help build some bridges?
Find a way better way. Stop throwing
fuel on the fire.
541-963-3161
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